A note on Astolfo v OYF [2026] QSC 186, in which the Supreme Court held that neither s 19B(6) of the Bail Act 1980 (Qld) nor the Court’s inherent jurisdiction permits the automatic three business day stay in s 19CA to be extended, so a prosecutor who cannot get the review listed inside that window cannot hold the defendant on the stay. Whether the powers s 19E preserves could produce a different result was not argued or decided.
Category: Criminal Law
Farrugia v The King: one silk, two co-offenders, and the evidence a conflict ground now needs
A note on Farrugia v The King [2026] HCA 28, in which the High Court settled the materiality threshold for specific error and procedural irregularity on a sentence appeal, but dismissed the appeal five to two because the offender, maintaining privilege, led no evidence of the advice and instructions that would have shown whether his counsel was conflicted.
Posting hooning footage in Queensland: when publishing is its own offence
In Queensland, publishing footage that depicts a driving offence can itself be an offence where it is published to glorify the conduct or to lift someone’s reputation. Three provisions are in play, they catch different people, and only one turns on your having operated the vehicle. What that means for a business that posts vehicle content.
The King v Ko: the direction that must follow a real or significant chance
A note on The King v Ko [2026] HCA 29, in which the High Court dismissed the Crown’s appeal because a jury invited to infer intent to import from a perceived real or significant chance was never directed to go on and decide whether intent itself was proved.
RNT v QPS: pre-sentence custody and the Magistrates Court limit
A magistrate may decline to declare pre-sentence custody even when the practical period served exceeds the summary sentencing limit. The decision also underscores the need for notice.
R v Ford: the three-year line between parole release and eligibility
R v Ford shows why the structure of a sentence can matter as much as its length. The note examines the three-year line between parole release and eligibility.
Queensland’s Dangerous Driving: What the Latest Amendments Mean
Many people do not realise that posting footage of dangerous driving on social media is now a separate criminal offence. Queensland’s dangerous driving laws changed significantly in August 2024, and most people haven’t caught up. The Queensland Community Safety Act 2024 introduced major amendments to section 328A of the Criminal Code 1899 (Qld), created two… Continue reading Queensland’s Dangerous Driving: What the Latest Amendments Mean
Queensland Expands Adult Sentencing to Youth – Implications for Justice and Community
Queensland’s adult sentencing laws for young offenders: what the reforms actually did. For most of Queensland’s legal history, a child who committed a serious offence was sentenced as a child. The Youth Justice Act 1992 (Qld) placed rehabilitation at the centre of the sentencing exercise, required courts to treat detention as a measure of last… Continue reading Queensland Expands Adult Sentencing to Youth – Implications for Justice and Community
Getting Your Licence Back After Disqualification in Queensland
Losing your licence can turn everyday life upside down, especially if you rely on driving for work or family commitments. Depending on why you are off the road and how long you have already served, Queensland law may let you shorten or even lift your disqualification. Below is a clear guide to the main rules… Continue reading Getting Your Licence Back After Disqualification in Queensland